TINO (Migration)

This matter concerned an application for a Partner (Temporary) (Class UK) visa (Subclass 820) by an applicant who was not the holder of a substantive visa at the time of application. The decision under review was made by the Tribunal.

The primary legal issue before the Tribunal was whether there were compelling reasons to waive the Schedule 3 criteria, which an applicant not holding a substantive visa must otherwise satisfy. Specifically, the Tribunal considered whether the applicant met criterion 3001 of Schedule 3, which requires an application to be lodged within 28 days of the "relevant day."

The Tribunal reasoned that the applicant failed to meet criterion 3001 as the application was lodged over two years after the relevant day. Furthermore, the Tribunal found no compelling reasons to waive the Schedule 3 criteria. This conclusion was based on the applicant's conduct, including becoming an unlawful non-citizen, failing to depart Australia, absconding from compliance officers, and the circumstances surrounding his marriage to the sponsor, which suggested a potential manipulation of circumstances to create compelling reasons. The Tribunal noted that the provisions for compelling reasons are not intended to assist those who fail to comply with visa conditions or deliberately manipulate circumstances.

The Tribunal affirmed the decision not to grant the applicant a Partner (Temporary) (Class UK) visa.